Can a special district, such as a school district or port district, be SEPA lead agency?
The SEPA Rules define a local agency as “…any political subdivision, regional governmental unit, district, municipal or public corporation…” (WAC 197-11-792). If an agency is proposing a project or nonproject action, that agency is lead agency under SEPA. Therefore, a school district would be lead agency for school construction; a port would be lead agency for a port comprehensive plan; State Parks and Recreation would be lead agency for development or remodeling of a state park. A special district or state agency may also be lead agency if a proposal requires a license from the district or state agency, but does not require a license from the county or city. For example, if the only permit required for an asphalt batch plant is a notice of construction from the local air authority, then the local air authority is SEPA lead agency.
The SEPA Rules define a local agency as “…any political subdivision, regional governmental unit, district, municipal or public corporation…” (WAC 197-11-762). If an agency is proposing a project or nonproject action, that agency is lead agency under SEPA. Therefore, a school district would be lead agency for school construction; a port would be lead agency for a port comprehensive plan; State Parks and Recreation would be lead agency for development or remodeling of a state park. A special district or state agency may also be lead agency if a proposal requires a license from the district or state agency, but does not require a license from the county or city. For example, if the only permit required for an asphalt batch plant is a notice of construction from the local air authority, then the local air authority is SEPA lead agency. Q: Which agency is SEPA lead agency when an agency is proposing a project that is located within the jurisdiction of another agency? For example, if the
